Children and Young People (Scotland) Act 2014

Valid from 05/01/2016

33 Child's plan: requirement S

(1) For the purposes of this Part, a child requires a child's plan if the responsible authority in relation to a child considers that—

(a) the child has a wellbeing need, and

(b) subsection (3) applies in relation to that need.

(2) A child has a wellbeing need if the child's wellbeing is being, or is at risk of being, adversely affected by any matter.

(3) This subsection applies in relation to a wellbeing need if—

(a) the need is not capable of being met, or met fully, by the taking of action other than a targeted intervention in relation to the child, and

(b) the need, or the remainder of the need, is capable of being met, or met to some extent, by one or more targeted interventions in relation to the child.

(4) A “targeted intervention” is a service which––

(a) is provided by a relevant authority in pursuance of any of its functions, and

(b) is directed at meeting the needs of children whose needs are not capable of being met, or met fully, by the services which are provided generally to children by the authority.

(5) The references in subsection (4) to services being provided by a relevant authority include references to services provided by a third person under arrangements made by the relevant authority.

(6) In deciding whether a child requires a child's plan, the responsible authority––

(a) is, where the child's named person is not an employee of the responsible authority, to consult the child's named person, and

(b) is so far as reasonably practicable to ascertain and have regard to the views of—

(i) the child,

(ii) the child's parents,

(iii) such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

(iv) such other persons as the responsible authority considers appropriate.

(7) In having regard to the views of the child, the responsible authority is to take account of the child's age and maturity.

(8) Subsection (1) does not apply in relation to—

(a) a child who already has a child's plan,

(b) a child who is a member of any of the regular forces.

(9) In subsection (8)(b), “regular forces” has the meaning given by section 374 of the Armed Forces Act 2006.